Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
Eventually royal justices acquired authority to decide the
ultimate question of right to land using the grand assize as an
alternative to the traditional procedures which ended in trial by
combat. Issues of the ultimate right of seisin were brought to the
Royal Court by a contestant in a local court who "put himself [or
herself] upon the King's grand assize". The assize consisted of
twelve knights from the county or neighborhood who were elected by
four knights of the same county or neighborhood (selected by the
sheriff or the suitors) and who were known as truthful men and
were likely to possess knowledge of the facts, either from
personal seeing or hearing, or from statements which their fathers
had made to them from their personal knowledge. The avenue by
which a person who felt he had not had justice in the manor court
on his claim for certain freehold land appealed to the king was by
writ of right after the manor court's decision or by a writ
praecipe during the manor court's proceeding. An example of a writ
praecipe is: "The king to the sheriff greeting. Command [praecipe]
N. to render to R. justly and without delay one hide of land in a
certain vill, which the said R. complains that the aforesaid N. is
withholding from him. If he does not do so, summon him by good
summoners to be before me or my justices on the day after the
octaves of Easter, to show why he has not done so. And have the
summoners and this writ. Witness." When the parties appeared in
court, the claimant states his suit such as: "I claim against this
N. the fee of half a knight and two carucates of land in a certain
vill as my right and my inheritance, of which my father (or
grandfather) was seized in his demesne as of fee in the time of
King Henry the First, and from which he took the profits to the
value of five shillings at least, in grain and hay and other
profits; and this I am ready to prove by this freeman of mine, H.,
and if any evil befalls him them by this other man or by this
third man, who saw and heard it". Then the defendant chose to deny
the claim word for word with proof by combat or to put himself
upon the grand assize of the king. If he chose trial by combat,
the parties or their champions fought. The party losing, usually
by crying craven, had to pay a fine of 60s. If the grand assize
was chosen, the action was removed to the Royal Court. A writ of
grand assize was issued as follows: "The king to the sheriff,
greeting. Summon by good summoners the following twelve, namely,
A. B. ..., to be before me or my justices at a certain place on a
certain day, ready to declare on oath whether N. or R. has the
greater right in one hide of land (or other things claimed) which
the aforesaid R. claims against the aforesaid N., who is tenant,
and in respect of which the aforesaid N., who is tenant, has put
himself upon my assize and has sought a recogniton to determine
which of them has the greater right in the things claimed. And
Public-domain text, read in full here on John Shaqi.
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